4741.28
Veterinary business facility license required.

(1)
"Veterinary business facility" means a
structure or business location that is maintained for the purpose of regularly
providing veterinary services and that is owned, operated, or controlled by
either of the following:

(a)
A for-profit
business entity of which a majority controlling interest is vested in
individuals who are not licensed veterinarians;

(b)
A nonprofit entity of which a majority of
the members of the board of directors are not licensed veterinarians.

(2)
"Disciplinary
action" means any of the actions specified in division (F)(1) of this section.

(1)
Except as otherwise provided in division
(B)(2) of this section or rules adopted under this section, no person shall
operate a veterinary business facility in this state without a valid veterinary
business facility license.

(2)
A
person who operates an existing veterinary business facility on the effective
date of this section is not in violation of the licensure requirement during
the time period that the initial application for licensure of the veterinary
business facility is pending.

(C)
A person who wishes to obtain a
veterinary business facility license shall file an application with the state
veterinary medical licensing board. The application shall include all of the
following information:

(2)
The name and address of each licensed
veterinarian who is a resident of this state and who will be responsible for
the management of the provision of veterinary services at the veterinary
business facility;

(3)
The name
and address of the entity that owns, operates, or controls the veterinary
business facility and, if the entity is a subsidiary of another entity, the
name of its parent entity. An application shall be accompanied by a fee of
three hundred dollars.

(D)
A veterinary business facility license
expires biennially on June 1 in odd-numbered years and may be renewed. An
application for renewal shall contain any information that the board requires,
shall be accompanied by a renewal fee of three hundred dollars, and shall be
submitted to the board not earlier than the first day of April and not later
than the thirtieth day of April in odd-numbered years.

(E)
Not later than ninety days following
receipt of an application for an initial or renewed veterinary business
facility license under this section, the board shall issue the license to the
applicant unless grounds for denial of licensure exist as established in rules
adopted under this section.

(b)
Suspension or revocation of a veterinary business facility license;

(c)
Imposition of civil penalties of up to
ten thousand dollars on a person who owns, operates, or controls a veterinary
business facility;

(d)
Seeking the
issuance, by a court having jurisdiction in the county in which a veterinary
business facility is located, of an injunction that would require the closure
of the veterinary business facility.

(2)
The board may adopt rules in accordance
with Chapter 119. of the Revised Code that establish both of the following:

(a)
Circumstances in which a veterinary
business facility is not considered to be in violation of the licensure
requirement during the time period that an application for licensure of the
veterinary business facility is pending;

(b)
Any other provisions necessary for the
administration of this section.

(G)
The board may conduct an inspection of a
veterinary business facility in accordance with section 4721.26 of the Revised
Code to determine if grounds exist for disciplinary action.

(H)
On determining that grounds may exist for
disciplinary action against a veterinary business facility, other than the
refusal to issue a veterinary business facility license, the executive director
of the board shall file written charges with the board. The board subsequently
shall conduct a hearing in accordance with Chapter 119. of the Revised Code
concerning the charges. If, at the conclusion of the hearing, the board
determines that grounds for disciplinary action exist, the board shall take the
appropriate disciplinary action.

(I)
The board shall seek the issuance, by a
court having jurisdiction in the county in which is located a veterinary
business facility that is in violation of the licensure requirement established
in this section, of an injunction that would require the unlicensed veterinary
business facility to be closed until an application for its licensure is filed.
The injunction shall be in addition to any other penalties established by law.

(J)
Any change in the information
specified in division (C)(1), (2), or (3) of this section shall be reported in
writing to the board not later than ninety days after the change occurs.